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01-09-1967 - Regular Meeting - MinutesMINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL CITY OF WEST COVINA9 CALIFORNIA JANUARY 9, 1967 The regular meeting Of the City Council was called to order by Mayor Krieger at 7:30 o'clock PoM, in the West Covina City Hall, Councilman Gillum led the Pledge of Allegiance, The invocation was given by Rev, Konrad Koosman of Christ Lutheran Church, West..Covina, ROLL CALL Present: Mayor. Krieger, Councilmen Gillum, Nichols, Sn7d'er ( from 7:45 to 11; 40) 9 Gleckman Others Present; Mr, George Aiassa, City Manager Mr, Robert Flotten, City Clerk Mr, Harry C. Williams, City Attorney Mr, Herman R. Fast, Public Services Director Mr, Owen Menard, Planning Director Mr, Wallace Austin, Planning Associate Mr, George Zimmerman, Assistant City Engineer APPROVAL OF MINUTES December 279 1966 - Approved as amended as follows: Mayor Krieger; I would offer an amendment on Page 23 to the roll call vote on the cost bill submitted by O'Melveny and Myers, The Minutes reflect Councilman Nichols voting "No" on that matter and Councilman Snyder voting "Aye". It is just the opposite; Councilman Nichols voted "Ave", Councilman Snyder voted "No". Motion by Councilman Nichols, seconded by Councilman Gleckman, and carried, that the Minutes of December 27, 1966 be approved as amended, January 3, 1967 Approved as submitted as follows: Motion by Councilman Gleckman, seconded by Councilman Gillum, and carried, that the Minutes of January 3, 1967 be approved as submitted, CLTY CLERK'S REPORTS TRACT 27665 & TRACT 27666 LOCATION: -Tract 27665 - Valley View ACCEPT REMAINING PORTIONS Avenue at Sentous Avenue, OF STORM DRAIN IMPROVEMENTS Tract 27666 - La Puente Road Pickering Enterprises at Sentous Avenue, APPROVED Accept remaining improvements and authorize release of following performance bonds: (1) Tract 27665 Security Insurance Co, bond No, 57/4187/0010/64 in the amount of $5,000; and (2) Tract 27666 -'New Amsterdam Casualty Co, bond No, 1200/0626/0534/64 in the amount of $10,000, Motion by Councilman Nichols, seconded by Councilman Gleckman, to accept the remaining improvements n.�Tract 27665 and authorize release of. Security Insurance Company bond No, 57/4187/0010/64 in the amount of $5000,00, -1- r� C, C, 1/9/67 TRACT -27665 & TRACT 27666 d Continued Pape Two Mayor Krieger; Assuming that the Council goes forward in this action, who will bear the costs of updating these drains to meet the criteria of the County? City Manager, Mr, Aiassa: The City would probably have to bear the cost if the developer did not build them to these new present standards, Normally the flood control will take them if the standards at the time they were built were acceptable. We are not sure at this time, Action on Councilman Nichols' motion; Motion carried, Motion by Councilman Nichols, seconded by Councilman Gleckman, and carried, to accept the remaining improvements in Tract 27666 and authorize release of New Amsterdam Casualty Company bond No, 1200/0626/'' 0534/64 in the amount of $10,000,00, PROJECTS SP-67018 & SP-67019 LnCATTON: SP®67018 - Workman from STREET IMPROVEMENTS Azusa to City Limit west of. APPROVED Armel Drive, SP-67019 -.1a1'le� Boulevard to Valley View Street, Authorize appropriation for engineering expenditures on Projects SP-67018 and SP®67019, Motion by Councilman Gleckman, seconded by Councilman Gillum, that the Council authorize the City.Engineer to engage private engineering firms for the engineering design of Sentous Avenue and accept the bid by Evans and Associates in the amount of $700,00. Motion passed on roll call as follows: Ayes: Councilmen Gillum, Noes: None Absent: Councilman Snyder Nichols, Gleckman, Mayor Krieger Motion by Councilman Gleckman, seconded by Councilman Gillum, that the Council authorize the City Engineer to engage private engineering firms for the work on Workman Avenue, Walsh®Forkert Engineers, in the amount of $10600,00, Councilman Nichols: I would like the record to state that my vote in favor of the appropriation of riec:essary.engineering funds in no way indicates my approval of the 1911.Act in accordance with the proposed improvement on Workman Avenue, Action on Councilman Gleckman's motion: Motion passed on roll call as follows: Ayes: Councilmen Gillum, Nichols, Gleckman, Mayor Krieger Noes: None Absent: Councilman Snyder -2- • C, C, 1./9/67 CITY CLERK'S REPORTS - Continued Page Three RESOLUTION NO, 352.3 The City Clerk presented: ADOPTED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA GIVING APPROVAL TO PARCEL MAP NO, 14 AND ACCEPTING AN J AGREEMENT BY THE SUBDIVIDER AND A SURETY BOND" (Abbey Rents, Precise Plan 491) Mayor. Krieger: Hearing no objections, we will waive further reading of the body of the resolution, Motion by Councilman Gillum, seconded by Councilman Gleckman, that said resolution be adopted. Motion passed on roll call as follows: Ayes; Councilmen Gillum, Noes None Absent: Councilman Snyder Nichols, Gleckman, Mayor Krieger Said resolution was given No', 3523 ORDINANCE INTRODUCTION The City Clerk presented: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA CONSENTING TO THE IMPROVEMENT OF PORTIONS OF BADILLO STREET IN SAID CITY BY THE COUNTY OF LOS ANGELES" (Project SP-67002) Motion by Councilman Nichols, seconded by Councilman Gleckman, and carried, to waive further reading of the body of the ordinance, Motion by Councilman Gleckman, seconded by Councilman Gillum, and carried, that said ordinance be introduced, PROJECT SP-6618 LOCATION: Merced from Valinda to REQUEST FOR TIME EXTENSION Meadow Brook Road, F, W., Richter Const, Co, APPROVED Grant time extension for Project SP-6618, Councilman Nichols: Did they have a broken line east of Lark Ellen? Public Services Director, Yes, We have had three or four breaks Mr. Fast: during the term of the construction, Councilman Nichols: The average property owner of West Covina who must t.ranverse these s treets under construction has no way of knowing why these delays occur, I would hope that when these delays occur that at least we might prevail upon the press to publicize this in some fashion, (Councilman Snyder entered the Chambers at 7.:45 o'clock P,M,) Motion by Councilman Nichols, seconded by Councilman Gleckman, and carried, that a thirty -day extension be .granted to F. W, Richter Con- struction Company on Project SP-6618 for the completion of street improvements on Merced Avenue as per the contract, (Councilman Snyder abstained,) -3- C, Co 1/9/67 CITY CLERK'S REPORTS - Continued Page Four PROJECT SP-67020 LOCATION: Cameron from Inman Road to is APPROVE PLANS 8 SPECIFICATIONS Citrus; Citrus from Cameron RESURFACING VARIOUS STREETS to Cortez; and Workman from APPROVED Sunset to Hartlev, Approve plans and specifications for street resurfacing, Project SP-67020, Authorize City Engineer to call for bids, Motion by Councilman Gleckman, seconded by Councilman Gillum, and carried, to approve the plans and specifications for Project SP-6702.0 and authorize the City Engineer to call'for bids, PLANNING COMMISSION TENTATIVE'MAP TRACT 25394 LOCATIONo Rama Drive north of Yarnell, REQUEST FOR REFUND John R, Fitzgerald Authorize refund of $119 for unused APPROVED Tentative Map of Tract 25394 submitted October 28, 1966, Motion by Councilman Gleckman, seconded by Councilman Snyder, that the Council authorize the refund in the amount of $119.00 in Tentative Tract Map 25394 to the Edgewood Construction Company because this tentative subdivision was not necessary and was not processed, Motion passed on roll call as follows; Ayes; Councilmen Gillum, Noes; None Absent; None REVIEW PLANNING COMMISSION ACTION OF JANUARY 4, 196.7 RECREATION 8 PARKS SUMMARY,OF COMMISSION ACTION OF DECEMBER 27, 1966 Nichols, Snyder, Gleckman, Mayor Krieger So indicated by Mr, Flotten, No items called up by the Council, Motion by Councilman Nichols, seconded by Councilman Gillum, and carried, that the Council give official recognition to the San Gabriel Valley Ballet, Incorporated, and call this matter to the attention of the citizens. of West Covina. in order that they may support this cultural endeavor, Council -man Nichols: The motion was not made with any inference or indication that I would or would not favor at any time any financial support of the San Gabriel Valley Civic Ballet, Incorporated, Motion by Councilman Snyder, seconded by Councilman Gleekman, and. carried, that the ballanee of the action of the Recreation and Parks Commission of December 27, 1966 be received and placed on file, R • CITY ATTORNEY ORDINANCE INTRODUCTION The City Attorney presented: HELD OVER "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA AMENDING A CERTAIN SECTION OF THE ZONINO CHAPTER OF THE WEST COVINA MUNICIPAL CODE" City Attorney, Mr, Williams: (.Gave brief summary of this matter.) Councilman. Nichols: It seems strange to me that the Planning Commission could recommend to us that the ice vending machines were appropriate in C-1 zones and that this Council then acted upon the request to permit that use in the zone and then proceed_ to adopt this amendment to the ordinance, which in the City Attorney's opinion and in mine, also, leaves open to serious question as to whether this great huge vending machine was incidental to the other uses in that location in that zone, Mayor Krieger: The Planning Commission did find that a vending machine, this particular vending machine, was permitted in the C-1 zone, It never did really respond to what I think was a wish of, the Council, that it determine whether this was actually a separate use and structure rather than a vending machine alone, City Attorney, Mr, Williams: If you want to write a definition of vending_ machines it should be put in another place in the zoning chapter; under definitions, Mayor Krieger: I would prefer rather than introduce it tonight to circulate the proposed ordinance and leave this matter for elaboration at some further time, Motion by Councilman Snyder, seconded by Councilman Nichols, and carried, that this matter be held over to the next regular meeting of the Council,. - SCHEDULED MATTERS BIDS PROJECT C-146-1 LOCATION: Merced Place east of STREET IMPROVEMENT Glendora Avenue, Bids were received in the office of the City Clerk at 10:00 A.M. on Wednesday, January 4, 1967, The bids received are as follows: Bid Alternate A CROWELL 9 LARSON 10% bid bond $49757,22 $59019,34 LOUIS S, LOPEZ AMAN BROS, 10% bid bond 49759,52 49973,84 10% bid bond 59136,96 5,313,40 F, W, RICHTER CONSTR, 10% bid bond 59234,49 59335,33 REX'W';'.MURPHY 10% bid bond 59501,75 5,766,40 SULLY -MILLER 10% bid bond 5:9805,13 59937,40 W, R, WILKINSON CQ, 10% bid bond 69164,92 69244,25 D, R, MURALT CO, 10% bid bond 99470,02 99822,88 -5- Co C, 1/9/67 PROJECT C-146®1 Continued Page Six Motion by Councilman Oleckman, seconded by Councilman Snyder, that the bid of' Louis S. Lopez of Glendora as presented at theibid opening on January 4, 1967 for Project No, C-146-1 be accepted, as the adjacent property owner wishes to participate; that the Mayor and City Clerk be authorized to execute an agreement with said Louis So Lopez of Glendora for the work on a low unit price bid, Motion passed on roll call as follows: Ayes: Councilmen Gillum, Noes, None Absent: None HEARINGS SOUTHERLY ANNEXATION DISTRICT NO, 195 PROTEST HEARING Nichols, Snyder, Gleckman, Mayor Krieger Hearing of protests or objections set for January 9, 1967 by Resolution .No, 3511 adopted December 12, 1966, Mayor Krieger; Mr, City Clerk, do you have the affidavit of publication printed in the Daily Tribune on December 22, 1966 and December 29, 1966? City Clerk, Mr, Flotten: I do, Motion by Councilman Gleckman, seconded by Councilman Gillum, and carried, that the affidavit of publication be received and placed on file, Mayor Krieger: Any person owning real property within the territory so proposed to be annexed and having any objection to the proposed annexation may appear before the City Council and show cause why such territory should not be annexed, Such protest must be in writing and shall state the name or names of the owner or owners of the.property affected by such annexation and the location and the area, Mr, City Clerk, have you received any written protests or objections to this annexation? City Clerk, Mr, Flotten: I have, Mayor Krieger: Have you checked these protests. against the assessed values you have in your file from the last equalized tax rolls? City Clerk, Mr, Flotten: Yes, I have, and they are in order, The amount is $4,050, There are four protests, Mayor Krieger: Is there anyone else present this • evening who wishes to file with the City Clerk at this time a written protest to the proposed annexation? (None) Let the record reflect there is no one apparently present desiring to file additional written protests at this time, me C, C, 1/9/67 Page Seven SOUTHERLY ANNEXATION DISTRICT NO, 195 ® Continued • Motion by Councilman Gleckman, seconded by Councilman Snyder, and carried, that this hearing be continued to January 23, 1967 to the hour of 8,fl0 o'clock P',M, and that during that time opponents to this annexation will have the opportunity to file additional written protests if desired, • City Clerk, Mr, Flottena The total assessed value is $4599430,00, The 50% protest necessary is $229,715,00, ZONE CHANCE NO, 371 LOCATIONa Southwest corner of Azusa Albert Handler and Cameron between Lark DENIED Ellen and Azusa, Request to reclassify from Zone R®1 to Zone Cml on the easterly 770 feet of lot and to reclassify from Zone Rml to Zone R®3 on the remainder thereof, denied by Planning Commission Resolution No, 1933, Appealed by applicant on December 12, 1966, Mayor Kriegero City Clerk, Mr, Flottena Motion by Councilman Gillum, carried, that the affidavit placed on file, Mayor Krieger: IN FAVOR Mr, City Clerk, do you have the affidavit of publication and mailing? I do, (Read Planning Commission Resolution No, 1933,) seconded by Councilman Cleckman, and of publication and mailing be received and This is the time and place for the public hearing, Mr, Francis J, Garvey I represent the owner of this property, 281 East Workman Avenue Mr, Albert Handler, Associated with Covina me in the presentation of this case .is Mr, William Bryant, Vice President of Larry Smith and Company, Economists, There has been some concern in rumors about the question as to whether this project could be adequately buffered, After discussing this with the applicant, I am authorized to withdraw the westerly 150 feet, which we have indicated to be reserved for public use, from this application, That is Rml property, We feel we can apply for appropriate zoning when we find an appropriate donee for the property, Regarding the southerly portion, I am further authorized by the applicant to withdraw from this application the southerly 60 feet for the purpose, if you will, of providing a road from east to west through the property, We will offer to deposit a deed in escrow to the City granting this property to it t, become effective at such time as the zoning case is completed, I wish to file with the Council a. group of petitions containing 923 signatures which were collected in a little over two days at our request by professional solicitors who canvassed an area roughly from Merced on the south to the Wash on the north or to the service road on the north, and from Valinda on the west to approximately Hollenbeck on the east,. (Presented said petition to the City Clerk,) I wish to present a separate voluntary petition containing ten additional names with addresses, -7- C, C, 1/9/67 ZONE CHANGE NO, 371 - Continued Page Eight • all of which appear to be directly opposite of the property or on Cahon, around the corner from the property, These were solicited by property owners without any compensation at all, (Presented said petition to the City Clerk,) Some members of your community are under the impression that this is either a City park we are seeking to have changed or the property of the Mormon Church which we are seeking to take away from them, Mr. Handler owns this property and has for 12 y ears , (Read prepared statement re this matter,) I have here a table showing, the assessed valuations of 13 houses on Eileen Street as they existed prior to the rezoning of the Ralphs4Zod +roperty. o On the second table is the assessed valuation of those houses in the last column for the current tax year, There is not one decrease in value and there are several increases, The second table represents the assessed valuation'of the current year of the 13 houses on the north side of Alaska Street adjoining the property which is the subject of this application, Note that aggregate valuation is approximately the same with the Eileen Street area, This indicates, I believe, that the development of commercial adjacent to residential in accordance with West Covina standards does not depreciate adjoining property, The West Covina High School is a closed campus, The students cannot, except upon their final departure for the day, leave the campus, Conversations with members of the faculty at West Covina High School revealed no knowledge of the problems of students loitering at neighboring shopping centers or any problems arising from this source, Conversations with the police department officials in both Covina and West Covina showed that loitering occurs principally at so-called drive-in restaurants but is not a problem at such centers as the May Company, Plaza, Sun -Fran or neighborhood shopping centers, I think the School Board®s objections, while possibly well taken in some respects, are not considered in the light of the fact or in light of their 'Vesponsibility, I would now like to introduce to you Mr. Bryant of Larry Smith and Company, and I will present a biography of the company showing their extensive experience in the field of commercial zoning, At the same time, I would like to present a copy of a newspaper with certain marked ads showing single family residences for sale in Covina and West Covina including the Country Club District of West Covina in which convenience to shopping is emphasized in the ads, (Presented various documents to the City Clerk,) I believe the facts show there is • justification for the granting of the application, Mr, William Bryant (Presented a map and explained same,) 8,65 Glenway We were retained first to look at the Inglewood question whether or not this area could support the type of retail facilities that were compatible with the C®1 zoning, Having satisfied. ourselves from a professional standpoint that, in fact, there was a fairly substantial market for the commercial facilities at this site, we proceeded into other questions relating to the suitability of the site and the question of the need for shopping facilities and the question of Co CQ 1/9/67 Page Nine ZONE CHANCE NO,, 371 ® Continued • the relative cost and benefits of developing a site tinder the alterna- tives,, Had there not been an apparent demand for commercial facilities, our investigation would have ended,, The total potential generated by the people in the trade area is substantial and is now being served by a variety of other facilities which are marked on the map T presented,, We estimated the capacity of the existing facilities,, There is a definite surplus,, We noted the surplus before we had access to the R,,E,,R,,C,, Report which indicated a significant differential between normal expected sales volumes of some of your retail sales and the actual sales volumes,, There is a definite un- satisfied demand,, We believe that after the initial shock is over, many of the home owners would barely notice the facility,, Many of the parcels in this City are unsuitable for the type of use proposed for a variety of reasons,, This site is easily developed for this purpose,, It is prime for this purpose right now,, From a planning standpoint, the spot zoning often referred to in this case has become a relatively useful technique in the development of new towns,, I have prepared a series of tables which illustrate the relative revenues which would be genera- ted by the site to the City,, (Presented documents to the City Clerk,,) Mr,, W,, T,,"Tanking In the area within a half mile to the 1.538 East Cameron west we have a church, a school, West Covina Cameron Park, foot 'ball stadium, tennis courts, auto repair yard, maintenance building yard in back of the school, and we have apartments within a very short distance and we have another school on Azusa and anotehr church on the corner of Azusa and Cameron,, We have two north/south highways in Lark Ellen and Azusa,, Even my home location across from the high school is predestined to be something else in the not too distant future,, If you feel I am being selfish in my thought of this, this could be the case; however, it would be a while before I could even enjoy being selfish in this matter, but.it is predestined to be sotem thing other than a large residence across from the high school,, It will probably be part of the high school or apartments,, A $4090001100 house will.not sell successfully in the area If people in the area do not see or cannot see how this area has changed to a different zoning area, I believe they are slightly.short®sighted and if they are buying_noii in the area with the idea that it is a City of choice residential better homes, they are fooling themselves,, Dr, Perry Nadell Azusa has changed despite the Planning 2117 Cameo Vista Drive Commission's comment,, It is now a West Covina highway,, This lot has been empty for over 10 years. I would not like to see it empty for another_10 years,, Residential development seems to be impossible,, Speaking as a resident.in this area, it is inconvenient to • go out of the area to shop,, This center would develop income for the City and provide jobs and -.opportunities for small businessmen,, --I believe this to be the optimum use of this property,, Mr,, Ed Singer When I bought my home 11 years ago I B40 South Azusa expected it to be R®1 zoning, single West Covina family residential, and until recently I have fought any change of zoning on this particular piece of property but now I am for it,, The State has decided that this is going to eventually be a commercial area,, When W C, C, 1/9/67 Page Ten ZONE CHANGE NO,, 371 m Continued Azusa opens up completely .for traffic, there is no other way that it can possibly goo This'is the only east/west north/south intersection we have in West Covina; these are -the only through streets,, It probably is the busiest corner that we have,, I heard talk about loitering and -I think the children already have their loitering place,, If you go by the park you will see them congregated there,, I have looked around various shopping centers and so forth'and I find no more loitering there than would be found in any other area,. Mr,, John Rafice I bought my property a short time ago,, 846 South Azusa Azusa Avenue is now going to go through,, West_ Covina Living where I do, I observe on many occasions that the children at night loiter right now across the street at this property,, I cannot object to having a shopping center there for the neighborhood convenience,, It is the obligation of the parents to take care of the children wherever you live,, I am definitely in favor of a properly planned shopping center,, IN OPPOSITION Mr,---C E: Sherr The recognized purpose of any zoning 1704 East Alaska ordinance is to serve the public West. Covina health, safety, and general welfare, In order for anything to be in the general welfare, there must be a need, We don't believe there is a need for additional R®3 or C®1 property in the City, We don't believe rezoning of this property is justified at this time, Much has been said about the economic feasibility, I will grant the evidence presented by Mr, Handleres real estate consultant indicated that this might be economically feasible if developed as requested. Does economic feasibility by itself make anything in the general welfare? All economic feasibility proves is that;it'is in the specific welfare of the property owner, I think if we take a close look at the over-all commercial development of West Covina we would find numerous trouble spots indicated by empty stores because there is not enough money around to support them, The mere fact we build a shopping center does not mean this will create new money, Obviously, the money to support this center must come from other sources,, All it can do is deplete the money already spent in operating stores and thus hurt the overall economic situation of the City, One of the major attractions of this sent -ion of West Covina was the absence of what I consider an incompatible land. use, To allow spot zoning would forever ruin one of the outstanding features of this area, Mr, Bryant admitted that this is spot zoning, Granted, a shopping center would be convenient, but that is not a basis for zoning, Speaking for myself, and I am sure a vast majority of the people in the immediate area, we • consider it an advantage rather than disadvantage to have to drive a mile or more to do our shopping, There are numerous locations in this -,,area where single family developments have been successful adjacent to heavily travelled streets, The owner might not make as much money, but profit, again, is not a zoning matter and should not be considered in the general welfare, I ask you to consider the following list of opponents: several past City Councils who have denied similar proposals; several past Planning Commissions who have recommended against similar proposals; the current Planning Commission who has unanimously recommended to you gentlemen that you deny this zone change; Simon Eisner, who prepared the General Plan, _10- C, Co 1/9/67 ZONE CHANGE M 371 ® Continued • the West Covina Unified School District, a in attendance before the public hearing at majority in attendance here this evening, presented by Mr, Garvey, Page Eleven vast majority of all people the Planning Commission; the notwithstanding the petition Mrs, Alice Andrews I am directly across the street from 1.721 East Cameron the subject property, When we purchased west Covina our home, we were very careful about checking into the future development of the property before you tonight for rezoning, We had a purpose in that; the home we were leaving was directly across the street from a shopping area which we wanted to move away from, It did create a lot of noise; there was high lighting at night; it created a lot of litter and the congestion was great, These things are minor to something else that it did create, It created a place for youngsters to get together after school hours and before school hours and loiter, Cars raced in and out of the parking lot, I grant we are responsible for the behavior of our children, Sometimes there are kids left on their own. If they have a place to get together, they are going to do it, I feel as a parent it is our responsibility to give the schools all the help we can, and it was stated that the faculty of West Covina High School isn't concerned about loitering, How would they know? They don't have that problem now, I heartily object to a shopping center at this proposed location, Mr, Ralph M, Goldstein I am immediately to the west of this 1546 East Cameron property, Mr.Brutocao_, at Prancisquito West Covina and Azusa, already has the zoning and will develop his commercial development very shortly, The City has also a map which shows in circles the competitive situation that would develop if we allowed a shopping center in this area, We need improvement and upgrading of our existing centers, We can't ask our old centers to improve if we approve new centers, Three years ago Mr, Handler came in and asked for the highest and best use for this property, It was decided by this City that that would be R-1. At that time the City knew Azusa Avenue was going to be cut through and would be a major highway, They knew Cameron was a secondary road, All the arguments presented here are the same ones presented three years ago, If there has been any change in the last three years, the change has been in favor of Rml. The burden is upon the proponent to show a change in the area, a change in the community which would justify a change of zone and nothing like that has been presented, Mr. Garvey states that this property cannot be developed R®1 now, That is not so, There are studies that have been made by Mr. Joseph, the Planning Director at that time, showing many ways in which this property could be very well developed for R®1 with interior streets, with proper exits and entrances, (Maps were placed on the board and Mr, Goldstein gave brief summary of same,) • Who has the superior right here, those of us who throughout the years that Mr, Handler has owned this property and left this vacant land, whose property has been greatly appreciated more, or ours; we who have put in our fences and our pools and our other improvements? These improvements we have made have greatly appreciated his property and I think the rights of ours as local home owners should be superior to those of an absentee landlord, It takes us approximately five minutes in our car to drive to shop, This is what has made the character of this area, This is fine residential property; this is why we live here, ®11® Co C, 1/9/67 ZONE CHANCE NO, 371 ® Continued • We take pride in this area; we brag of of Los Angeles County, and this is the don't think what is important here is home owners, best for me as the person Mr, Handler as the developer, What is the general welfare of the City, Page Twelve this to our friends in other parts way we want to ma%.ntai.n it, We what is best for us as individual next to it, or what is best for important is what is best -.for I know you will maintain this property as R-1. Failure to do so will mean Azusa from the freeway to Francisquito will be strip zoning, If you open the door here, you will 'turn Azusa into another Glendora, We want to maintain our residential character and keep our houses the way they are now, Mr, Donald Casler Mr, Garvey has Dresented a Detition 1733 East Alaska secured, we are told, by paid cir- West Covina culators, This Detition contained 923 signatures, It is very impresive, Although we haven't taken the time to circulate a petition this year, I would like to reiterate the 1,020 signatures that were presented here in testimony in 1963, May, I have talked with Mr, Bill Wilson, a local builder, and he concurs with me that homes can be feasibly built in this area, Mr. Handler hasn't had the property on the market for sale, This is why he hasn't had any offers on the property, I would like for the block studies that the Planning Commission and Council used at the last meeting to be placed on the board, (Studies were placed on the board and Mr. Casler gave _summary of same,) Past Council records disclose this statement by George Coswell that the Covina High School was relocated because of problems existing by commercial developments moving too close to the school; these problems being that of truancy and delinquency, The Superintendent of West Covina Schools has stated his concern for additional traffic in and around the area as well as the control of children if the property is developed commercially, I would like the City Clerk to read a letter and resolution by the Superintendent of Schools and the West Covina Unified School District in opposition to this application, (Presented document to the City Clerk,) City Clerk, Mr, Flotten: This is in the form of a resolution approved by the Board of Education of the West. Covina Unified School District dated December 139 1966, (Read said resolution re this matter,) Mr, Donald. Casler: If this development is allowed, we will have strip zoning all along Azusa, Mr, Robert Ebiner When I appeared on behalf of the home 1502 West Service owners on the north side of Cameron at West Covina the Planning Commission meeting, I •submitted a petition signed by 41 of the 44 property owners and that is in the file, Insofar as these people are concerned, the request for commercial zoning was not and is not in conformance with the present residential usage in that area, Lt is surrounded on four sides by R®1 single family residences, The people in the area do not consider it necessary or desirable and they feel they do not need convenient services in that area. Most of us drive to shopping and they, too,'have no objection to continuing to drive to areas outside of this particular area, -12- • I 11 C, C, 1%9%67 ZONE CHANGE NO, 371 m Continued that this area which I represent occupied by these residents.three before this body, so we felt they their feelings are, Page Thirteen The reason we filed s. petition was specifically was not built and was not _years ago and when this property was should be put on record as to how Commercial development will subject the surrounding area to additional traffic hazards and the problems so far as loitering resulting in additional supervision and maintenance, Right after the Planning Commission hearing, this honorable body had occasion to take into consideration an application then pending before the Los Angeles County Regional Planning Commission and this body unanimously directed the Mayor of this Council to write to that body, The letter from this Council was dated December 13, 1966, (Read said letter in full,) I submit that the application should be denied, Mr, Carlton Hurd I moved here approximately a month and 1739 Alaska a half ago .from Downey, Behind me West Covina was an empty lot, They built a Whitefront, We were kept awake by five large air conditioners on the roof, Also, we found in the morning a few empty beer cans and a few empty soda pop cans and quite a bit of noise in the evening, We didn't think it was very feasible that anyone would propose to change the zoning because of the proximity to the school and the type of area we are living in, If you do change the zoning on this property, I would do my best to get out of my agreement to buy this home and move elsewhere, Mr, Louis Brutocao Our property has been referred to as 1500 West Service Avenue "unused commercial zoning': by the West Covina economist, This is not true, We are in the process of developing_ it now. We have had sewers installed under Azusa Avenue and conduit .for signali® zation and all necessary things so we won't have to tear up Azusa Avenue again, Although it was said there was room for two commercial centers, if you go back to the Minutes of the Planning Commission that was not the testimony from the economist, He said there was room for one, It was also stated that our development was four to eight years away, People are well served in this area now, (Read exerpts from General Plan,and the R,E,R,C, Report,) I think the City Council should deny this zone change because your Planning Department, present and past, is on record for recommending denial of this proposed use; your Planning Commission unanimously recommended denial less than a month ago; all prior Planning Commissions have recommended denial of zone change to this particular piece of property in question, One further thing: Mr, Handler does not control his property, He has entered into an agreement with another party who has the right to purchase his property at any time, REBUTTAL Mr, Francis J, Garvey: With respect to Mr, Goldstein's remarks, I would say this is not intended to compete with the May Company or the Plaza; it is intended to be a neighborhood shopping center, There is a misunderstanding regarding spot zoning or strip zoning, Conceivably, a 20macre piece could be spot zoning, but it is not spot zoning if you have something which is compatible with the changing pattern in the neighborhood indicated by the growth and development of the traffic ®13® C, C, 1/9/67 ZONE CHANGE NO, 371 - Continued Page Fourteen patterns as they come along, Mr, Casler referred to signatures of some years ago, He has made no showing that all those persons are still present or that nouw of them are on the second petition which we have filed currently, The old high school was condemned by the State as being unfit for future student use, Whether or not there may have been incidental problems in connection with that site, those were not the main reasons it was removed, The high school will have traffic here whether this development is commercial or fallow as it presently is, Mr, Ebiner says he has 41 out of 44 property owners, but there were only 36 houses built in that tract, With the type of shopping center we propose to put here, we would provide security type services and things where there would be more protection and supervision against any loitering, This zoning is not ship zoning, If strip zoning develops along Azusa Avenue, it is going to develop because it is the nature of the beast and because in time there will not be sufficiently wide pieces of property, I think this will do more to stop strip zoning along the northern portion of Azusa Avenue than it will to impede or hinder, Regarding Mr.Brutocao''s remarks, I would like to know where he gets his information, No one has an option to purchase this property, It has not been offered for sale and there are no outstanding options on the property, Obviously, there is an effort here to protect an existing zone. I seriously resent the implication that a professional consultant who has been considered by this City for employment in times past should have less stature before you than one whom you would hire yourself merely because the applicant is assisting in the development of facts by paying for his services, We don't contend that they were donated or made a gift, On the basis of all of the testimony presented there was not one factual argument or one single fact presented to indicate that the general welfare of this City would suffer by this change which has been proposed or that -any single resident who was objecting would suffer other than his own convenience and his own aesthetics, I would ask that you grant our request, Mr, William Bryant; I am a paid professional consultant. We did look at this in what I believe is a professional manner, It was an adequate study to render an opinion, a professional opinion, Donald Emerson, before the Planning Commission, pointed out that there was a residual demand fora center right now. I took that a step further and said agressive merchants would develop both of those sites, Probably if they had a choice of location they would choose the site proposed tonight, With regard to the statement that the business should go to the businesses already established in the City, if*that attitude had been taken years ago there would be no Broadway, no Eastland, It is not a.very realistic point of view, Mr, Ed Singer:_-.- The point has been made there will be loitering and there would be excessive •amounts of traffic, The only thing I fail to understand is that the C zoning at Francisquito and Azusa would seem to cause the same loitering, the same traffic, One would be the same as the other, There being no further public testimony, the public portion of the hearing was closed, Councilman Snyder; Is the Planning Department working on a planned development ordinance or has that been dropped from further study? City Manager, Mra Aiassas It is still being considered, -14- Ca, Co 1/9/67 Page Fiftreen ZONE CHANGE NO, 371 - Continued • Councilman Gillum: Most of the signatures on.the petition are in the general area and I think tht has to be taken into consideration and I think the people who have the surrounding property have to be considered, I do believe we have an obligation to the 923 people just as we have an obligation to the people on Alaska and the surrounding streets. I am impressed with the table of inf.ormation.what the City would be able to have as income from ihi.s property and what the City would benefit and the School District would benefit from.ito I think you can find children loitering anywhere in the City. I don't believe this is a real factor in.this consideration. I believe we are going to have to give serious consideration to certain types of businesses and commercial in this community if we want to grow, Councilman Gleckm.ano Regarding this particular case, tonight, I think... that it depends on what side of the street you are on, really. I think both sides have made good cases and good arguments, and fortunately or unfortunately it is our job" up here to try to set the pace. Most of the people that spoke this evening are friends of mine, both opponents and proponents. Like Mr. Gillum, I have an obligation to the entire city, and that is the only way I am looking at this application. As�far as I am concerned with what has been discussed here this evening, there are merits both for and against, and I think that an application of this type could come forward in our city on any corner in every block in every neighborhood in the City of West Covina, The argument of it being all R-1 residential, I don't think is such a good argument because where else would you put the best commercial zone but right in the middle of all your R-l? I wouldn't use that one way or the other. What I am concerned with is the development of this property to its highest and best use. Now© we have an obligation to the people living in.and around the area. We also have an obligation not only to the property but to the rest of tht residents of this city as to.the highest and best use, and also to the trends that we may set in this particular area for the future. There is no doubt in my mind, whether you people want to admit it or not who live there; and I would like to make note right now that every one of the Councilmen sitting on this podiumlive in or around this area, so it isn't a case of where we live on the other side of :town and we are only speaking because this is on.somebody else's side of town, Azusa has increasedCand will continue to. increase. I wouldn't buy a home on Azusa Avenue, and I don't think anybody in this room would buy a home on Azusa.Avenue in the future if they had a choice, with the traffic conditions as they are going to be. Cameron Avenue? If we get Cameron approved curbs and gutters, then we will have traffic along Cameron Avenue that we are talking about. Whether we want these or not, the pattern is set. As far as commercial areas, I don't think it is a good argument to tell a man "Don't build anything commercial here because you are going to go into competition with me", because I don't think this country was founded on that idea. I don't think anybody in this room.that wanted to do something in order to make a dollar to compete with somebody else would want somebody to tell them.to don't do it because you -are going to compete with me, and that is not fair. So I think most of the argu- ments against this are emotional and I think most of the arguments against this are well founded, -15- 11 L7 U C o C o 1/9/67 Page .Fifteen -A ZONE CHANGE NO. 371 - Continued Councilman Gleckman — Continued: Don't misunderstand me - but I don't think that the people who live in and around this area can look at this project objectively, any more than I think that the applicant can look at this thing objectively. He has something in.mi.nd that he would like to put in this city and there is no doubt about it that he will derive benefit out of it. The ques- tion in my own mind would be,."at whose expense"?, and "who would get more by it"? I can't in my mind right now say whether this would be the best thing for the city or 'the worst thing for the city. As to whether it would hurt the people on Alaska with some type of buffering, or it would hurt the neighbors on. Cameron with some type of buffering, or it would hurt the school district, I am not sure. I do know that the people on.Cameron directly across the street would be affected.. The question in my mind would be the effect that this project would have to the people in.and around it. Would it be so detrimental.as to not t-ring the additional income into the city and provide us with what is a void in our community? I know that - using myself as.an example, believe it or not I am a home- owner - we shop mostly in Covina for our groceries because we have no place to go, and I might remind you people that I live just east of Azusa -Avenue off. of Vine, and we shop.in Covina or at the new shopping center that is down on Citrus and Garvey. When Real Estate Research came in with their report, I asked them.at the time what constitutes a good area for a shopping center, The number one thing was traffic, and the number.one thing that is hurting our present commercial area suchas the Plaza and some of the other places is traffic, and that is the only,thing_that is really hurting it - location and traffic. As far as location and traffic, this site has it. As far as I am concerned, if I owned this property, and I think that if anybody outside of Mr. Handler in this room.owned this property, they would come before the Council and ask for the very same thing. -As far as I am concerned, I do see merit in this project. I wouldn't consider this project the way it was proposed before the Planning Commission because there was no protection for the homeowner. Whether this is adequate protection for the people who live in and around it, I am not sure of that either. I would like to hear some of my fellow,Councilmen talk, but I would like to let the people in.this room know as well as the applicant that it is a two-way street. Both of these streets end the project. I am trying'.to get as much protection for ver.ybody around without denying the man a right that he does have. I am not saying which way I am going on this project, but I did want to bring these things to the attention of these people here because a lot of them can't look at this objectively but are looking at it emotionally, and I am talking to both sides. That is all I have to say right now, Mr. Mayor. Councilman Snyder: If we were to zone commercial and multiple, and I think a case has been shown for both of them, we have to remember that we have no control over the quality of commercial that -goes:: in there Arid we are zoning 15-A Co Co 1/9/67 Page Fifteen-B 0 ZONE.CHANGE NO. 371 - Continued • Councilman Snyder - Continued: commercial in the middle of what I consider a quality residential neighborhood. I think the buffering on.the west and south have very little value. Buffering.has been; in both word and:.deed, much misused and the feeling is if buffering is justified, provided it justifies anything,I don't think necessarily it is true. If. the proper zone is not R-1, and I would agree that the City Council.and the City staff have to offer some alternates and we intend to do that with our new General Plan coming up. I, myself, feel that R-1 is probably not the best use for this property. However, the plan as proposed.I am not in.agreement with. My understanding is that we have a planned.devel- opment ordinance in the works and I am wondering if that matter should not be held until the ordinance is completed and the General Plan study is under way so we can better understand good use for this property. Councilman Nichols: It is all well and good to say that the applicant has owned this property for so many years and he could have developed it in single family residential property, but it was not developed and this is 1967 and it is a very valuable 20 acres. I think there.should be some relief from single family resi;dntial on that property. Yet, I have been on.the Council long enough and heard enough applicants come in.and describe quality development and when these things are developed, there just isn't that much quality. I feel we are talking about a very critical -area of our community; that any, action that this Council takes may have a very vital influence on the future development of this community. I believe that I do not have enough control as a Councilman relative to my responsibilities to vote for a relative carte blanche zoning. Under the present situation, I cannot favor the open granting of the zoning. Mayor Krieger: I was looking for something in either the presentation of the proponents or the opponents that would give me a clue to my own deci- sion. I don't believe this property or any other property that this is illustrative of is going.to have a unanimous vote by this Council or any Council. It is too much of a problem. .There are many mechanisms we can engage in to pass this down to our successors and they can engage in the same tortured hearings and the dialogue between themselves trying to arrive at some kind of a solution to this. I do think that the burden is on the applicant to come inand suggest to us that his proposal is a solution 15-B C, C, 1/9/67 Page Sixteen ZONE CHANGE NO, 371 - Continued both to his problem and ours, What bothers me about this whole situation is not that corner alone, [chat bothers me i.s the whole matter of Azusa, What about the Huntington Beach Freeway? What effect is it going to* have on Azusa Avenue? We can't even begin to gauge that because we don't know where it is going to be, All other things being equal, I have always taken the position on the Council that the applicant loses because it is his problem to come before us and show us merit, I have not been convinced tonight. That does not mean I can't be convinced, The opponents haven't convinced me, either, by anything they have presented tonight that this property is irrevocably dedicated to R-1 use, I am opposed to the zone chance , both as to the R-3 and the C-1. Councilman Snyder: Mr. Williams, we have the alternative of granting or denying. Since there is no planned development ordinance, is it true as the proponents have claimed that we have a responsibility to produce alternatives by sending this back to the Planning Commission to ask for highest and best use? City Attorney, Mr, Williams As to whether you have the responsi- bility, I don't know. You have the privilege and the ability to either initiate on your own or send it to the Planning Commission to be initiated, and I would assume that if you were convinced that the present zoning is not the right zoning, you probably have an obligation to try to arrive at what is the right zoning and place it in there. I think you would only have to do this if you are convinced the present zoning; is wrong. Councilman Snyder: I am not convinced that this should not be R-1 but I certainly am not convinced that this should be zoned as has been proposed here, I don't think a Ralphs-Zodys development would fit in with that neighborhood, Motion by Councilman Snyder, seconded by Councilman Nichols, that Zone Change No. 371 be denied, Motion passed on roll call as follows: Ayes: Councilmen Nichols, Snyder, Mayor Krieger Noes: Councilmen Gillum, Gleckman Absent: None ORAL COMMUNICATIONS None WRITTEN COMMUNICATIONS LETTER FROM MAE M, FINK DATED 1/2/67 Motion by Councilman Gleckman, seconded by Councilman Gillum, and carried, that this matter be denied and referred to the insurance carrier, LETTER FROM DISTRICT ATTORNEY'S OFFICE REGARDING LEGISLATIVE PROPOSALS Mayor Krieger: I think the search and seizure, the Grand Jury, the Juvenile Law, the kidnapping, and the medicine are much beyond the scope of this Council, Motion by Councilman Nichols, seconded by Councilman Gillum, and carried, that this matter be referred to staff for review and report, -16- C, Co 1/9/67 Page Seventeen CITY MANAGER LEEDERMAN COMPLAINT RE PICKERTNC TRACT Motion by Councilman Gleckman, seconded by Councilman Nichols, and carried, that the report on this matter be received and placed on file, INFORMATIONAL REPORT ON NON-BUDgETED PUBLIC WORKS PROJECTS Motion by Councilman Nichols, seconded by Councilman Gleckman, and carried, that the report on this matter be received and placed on file, LANDSCAPE ARCHITECT Motion by Councilman Nichols, seconded by Councilman Gillum, and carried, that the City Council approve the concept outlined in the report dated December 30, 1966 for the provision of landscape architect services and installation of landscaping, (Councilman Snyder left the chambers at 11:40 o'clock P,M,) Motion by Councilman Nichols, seconded by Councilman Gleckman, and carried, that the Council approve the landscape architect agreement attached to the report of December 30, 196f, and that the City Manager be instructed to obtain the approval of the County Administrative Officer of this agreement and that any modifications requested by the County, as long as they are substantially in form as herein proposed, are approved if satisfactory to the City Manager and City Attorneyo DATA BANK Mayor Krieger; How many of these costs are actually outside costs? Public Services Director, The key punch cost of $3,300; on the Mr, Fast; annual continuing costs, outside would be for retrieval and reporting, typothetical demand, �,59580; approximately half of file maintenance, hypothetical value, $2,0409 Motion by Councilman Cleckman, seconded by Councilman Cillum, and carried, that the staff proceed on what has been allocated on the basis that the City Manager give quarterly reports on data cost and achievements, DIVISION OF HIGHWAYS MEETING City Manager, Mr, Aiassas • CITY CLERK ABC APPLICATION OF FRANK DePIETRO (Gave summary of this matter,) Thisis set for the 16th at 7:30, Motion by Councilman Gleckman, seconded by Councilman Gillum, and carried, that the Council recommend no protest on the ABC application of Frank DePietro for on -sale beer and wine license transfer at 1541 West. Garvey, _17_ 0 C, C, 1/9/67 CITY CLERK - Continued ABC APPLICATION OF WATER WHEET, Page Eighteen Motion by Councilman Gillum, seconded by Mayor Krieger, and carried, that the application for transfer of on -sale general license, John and Jenny Vanacor (the Water Wheel) be protested., (Councilman Nichols voted "No",) CITY TREASURER None MAYOR'S REPORTS IRWINDALE POKER LICENSE Mayor Krieger: (Gave summary of this matter,) Councilman Nichols: I would be completely opposed to any such development there, I would be reluctant to take public or formal action by the Council because I think it might do more harm than good, I think the Mayor should communicate privately with the Mayor of Irwindale expressing our feelings on the matter, Councilman Gleckman: Councilman Nichols: I think -any communication would not be private, Then I should say we should make none, I think that would be interference on our part, Councilman Gillum: I think if we have strong feelings in opposition to this that we should make our feelings known to these people that we support them if they decide not to allow it, Mayor Krieger: The thing that bothers me is that they may approve it and we might have to disagree with them, I think informally, at least, some expression should be given to the Irwindale Council, perhaps in discussion between the Mayor and myself, as to what our feelings are in this matter, Councilman Nichols: I would have no objection to that, I think that is the consensus of the Council, JUNIOR CHAMBER OF COMMERCE Mayor Krieger: I think the record somewhere should reflect that the work of the Junior Chamber of Commerce in this Junior Miss Contest was tremendous, COMMUNICATION Mayor Krieger: City Manager, Mr, Aiassa: What about the letter on 443 North Sunset? What are you doing on that? We are getting a report for vou, : • • C, C, 1/9/67 MAYOR'S REPORTS Continued CRIME PREVENTION LUNCHEON Page Nineteen Mayor Krieger: There is A Crime Prevention Luncheon at the Biltmore Hotel tomorrow, Chief Sill and Mr. Todder are attending, Dr. Snyder cannot attend, Can any of the rest of the Council attend that luncheon? Councilman Gillum: LOITERING ORDINANCE Mayor Krieger: I will be downtown, I'll attend, (nave summary of this matter,) Motion by Councilman Gleckman, seconded by Councilman Gillum, and carried, that this matter be referred to the City Attorney for report, JOINT POWERS City Manager, Mr, Aiassa: Mayor Krieger; JULY 4TH PARADE Mayor Krieger: (Gave summary of this matter,) There is no action needed, (Gave summary of this matter,) Motion by Councilman Nichols, seconded by Mayor Krieger, and carried, that the City Council serve as an official co-sponsor of the West Covina Parade Committee in the acknowledgment that the Committee intends to have a Citywide parade on July 4, 1967, CONFERENCE OF MAYORS Mayor Krieger: This is an invitation to join the U.S. Conference of Mayors. I think it is the consensus of the Council not to take action on this matter, LARTS REQUEST Mayor Krieger: We received a request .from Mr, Yaeger of the Covina Council asking us to authorize LARTS to release to Daniel, Mann, Johnson 8 Mendenhall their study for 1960-80, Motion by Councilman Nichols, seconded by Councilman Gillum, and carried, • to authorize the release of this information by LARTS subject to up- dating by staff, MIZUER PERSONNEL STUDY Mayor Krieger: On behalf of Dr, Snyder, it is his desire to see the Dr. Mizner matter referred back to the Personnel Board for a modified recommendation, -19- C. C, 1/9/67 Page Twenty MIZNER PERSONNEL STUDY - Continued • Mot -ion by Councilman Nichols, seconded by Councilman Gleckman, and carried, to refer this matter of orientation consultant back to the Personnel Board for further recommendation and study, (Councilman Gillum voted "No".) JAYCEE WEEK Mayor Krieger: We have been asked to proclaim the week of January 15th through the 22nd as Jaycee Week, If there are no objections, I will so proclaim, (No objections voiced,) So proclaimed, COUNCIL COMMITTEE REPORTS CENTRAL BUSINESS DISTRICT Councilman Gillum: I had a meeting with the property owners and the co-chairman of the C.B.D, (Gave summary of this matter,) We scheduled another meeting on the 18th, HAPPY HOMES IMPROVEMENT ASSOCIATION Mayor Krieger; Mrs. Coggins is the president of the Happy Homes Improvement Association and we have received a communication from her; This is regarding juvenile gangs that hang out at Giano Junior High School. Mrs, Coggins was under the impression that this school was in this City. She was advised it was not. COMMITTEE OF COMMUNITY GOALS Mayor Krieger: There is a meeting of the Committee of Community Goals at Stark's Restaurant on Wednesday, January 11, 1966 at 8:00 P.M. DEMANDS Motion by Councilman Gillum, seconded by Councilman Gleckman, to approve demands totaling $450,553.90 as listed on demand sheets C534 and B276 to B279. This demand includes time deposits of $3009000,00, Payroll of $1019608.67, and demands of $489945.23. Motion passed on roll call • as follows: Ayes: Councilmen Gillum, Nichols, Gleckman, Mayor Krieger Noes: None Absent: Councilman Snyder -20- C, C. 1/9/67 Page Twenty -One • There being no further business, Motion by Councilman Cleckman, seconded by Councilman Nichols, and carried, that this meeting be adjourned at 12:20 o'clock A.M. to Monday, January 16, 1967 at 7;30 o'clock P.M. A TTEST; E • CITY CLERK APPROVED MAYOR -21-